Union Pacific Railroad v. Seber

MAJORITY OPINION

William J. Boyce, Justice

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The Sebers claimed a right to use the crossing pursuant to an implied easement by prior use. The trial court granted summary judgment in favor of the Sebers, declaring that the Sebers have a right to use the crossing and ordering Union Pacific to reinstall the crossing. *426Additionally, the trial court: denied Union Pacific’s no-evidence summary judgment motion. The trial court signed a final judgment incorporating the…